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of all correspondence with governmental agencies relating to the release. Up ors request, the
<br />Developer shall furnish to the Agency a copy or copies of any and all other environmental
<br />entitlements or inquiries relating to or affecting the Site including, but not limited to, all permit
<br />applications, permits and reports including, without limitation, those reports and other matters
<br />which may be characterized as confidential.
<br />206.7 Abatement Report. Prior to the Close of Escrow for a Phase, the Agency
<br />shall, at its sole cost and expense, deliver to the Developer a written report, reasonably
<br />acceptable to the Developer, prepared by a licensed third party unrelated to the Agency or an
<br />contractor(s) or subcontractor(s) undertaking an portion of the abatement of Hazardous
<br />Materials associated with removal and abatement of any improvements currently on the Site,
<br />c nfuming that all such Hazardous Materials have been properly abated and removed in
<br />compliance with all applicable laws, rules and regulations (the "Abatement ReporV' ). In
<br />addition, concurrent with delivery of the Abatement Report to Developer with respect to a
<br />particular Phase, the Agency shall deliver to Developer a letter from the provider of the
<br />Abatement Report for such Phase authorizing the Developer and any other entity whose identity
<br />was provided to Agency prior to the time the Agency eaters into a contract for preparation and
<br />delivery of the h a to men t Report to rely on the Abatement Deport.
<br />Prior to entering into a contract to retain the provider of the Abatement Report, t, genc
<br />shall request from Developer the names of those parties Developer requires to be entitled to rely
<br />on such Abatement Report. Promptly following such request, Developer hall deliver a list of
<br />such names to Agency; provided, that, if Developer has not, as of such tune, identified all of its
<br />lenders and investors who will need to rely on such Abatement Report, Developer may deliver an
<br />incomplete list to Agency and Agrency shall add the names identified on such incomplete list to
<br />the reliance provisions of such contract and use hest efforts, at no additional cost to Agency, to
<br />insert a requirement in such contract allowing the addition of more names to such list following
<br />the execution of the contract.
<br />206.8 Developer Site Condition Ind enmi t . Upon the Closing, Developer
<br />agrees to inderrtnif , defend and hold Agency harmless from and against any Maim, action, suit,
<br />proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense
<br />(including, without limitation, attomey' fees), resulting from, arising out of, or based upon the
<br />Site Condition, including without limitation i the release, use, generation, discharge, storage or
<br />disposal by Developer or by any individual or entity for which Developer bears the legal liability
<br />including, but not limited to, officers, agents, employees or contractors of Developer
<br />(co l lee ti v e l y, the "Duel op er Parties" of any Haz and u s M ateri al s in v iol at ion n f Envir n en t al
<br />Laws during the period of the Developerls ownership of the applicable Phase of the Site, on,
<br />under, in or about, or the transportation of any such Hazardous Materials to or from, the Phase of
<br />the Site by Developer or any of Developer Parties during the period of the Developer's
<br />ownership of the Phase of the Site, and/or h the violation, or alleged violation, by Developer or
<br />any of Developer Parti e of any Environmental Lars relating to the use, generation], release,
<br />discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or
<br />from, the Site d u ring the period of the Developer's ownership of the applicable Phase of the Site.
<br />This indemnity shall include, without limitation, any damage, liability, fire, penalty, coat or
<br />expense ahsing from or out of any claim, action, suit, or proceeding for personal injury
<br />(including is n e , disease or death), tangible or intangible property damage, compensation for
<br />7
<br />ISO o f 14 7304/ 7 -0001
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